5.  The applicant was born in 1958 and lives in Varna. He is a graduate in international economic relations.
6.  On 3 April 2001 the Sofia District Court, acting on a claim by a company V., issued an enforcement order against the applicant on the basis of a promissory note. The debt amounted to 55,331.03 Bulgarian levs (BGN) (or about 28,230 euros (EUR)), plus statutory interest. The costs of the proceedings amounted to BGN 1,108 (about EUR 565).
7.  On 2 October 2001 company V. contacted the bailiffs’ service, requesting that the applicant be subjected to an order prohibiting him from leaving the territory.
8.  On 2 November 2001 the bailiffs’ service suggested to the director of the Department for Identity Documents (“the director”) that the applicant’s passport be withdrawn. That request was based on section 76 (3) of the Bulgarian Identity Documents Act 1998 (see paragraphs 34 to 37 below), which provided for the possibility of prohibiting natural persons who had debts towards other natural or legal persons amounting to more than BGN 5,000 (about EUR 2,550) from leaving the territory.
9.  On 12 November 2001 the applicant was invited to submit evidence that he had provided security to his creditor.
10.  By a decision of 21 December 2001, the director, referring to section 76 (3) of the Bulgarian Identity Documents Act 1998 and the request by the bailiffs’ service, imposed the proposed measure for an indefinite period. He ordered that the applicant’s passport be withdrawn and instructed the relevant authorities not to issue him with a new passport.
11.  The applicant brought an application for judicial review, arguing that the domestic legislation allowed for the imposition of those measures only where the existence of the debt had previously been recognised by a judicial decision that had become final. He submitted that, since his debt arose from a promissory note, that condition had not been met in his case.
12.  On 30 May 2002, following a request submitted by the applicant, the director contacted the bailiffs’ service, requesting its opinion on the appropriateness of lifting the prohibition on leaving the territory, and indicated that the applicant had submitted evidence that he had provided security to his creditor. By a letter of 11 July 2002, the bailiffs’ service replied that the applicant had not paid his debts, that he had not provided security and that it was therefore appropriate to continue to apply the measure in question.
13.  By a judgment of 11 February 2003 the Supreme Administrative Court dismissed the applicant’s complaint. The court held that a enforcement order issued by a court represented sufficient judicial recognition of the debt in question. It further noted that the applicant had not provided a security to his creditor, that he did not possess assets of a value equivalent to the amount of his debt and that he had not submitted evidence concerning a possible termination of the enforcement proceedings.
14.  The applicant appealed on points of law.
15.  By a judgment of 21 July 2003, a five-judge bench of the Supreme Administrative Court dismissed the appeal and endorsed the reasoning given by the lower court.
16.  On 7 May 2008 the bailiffs’ service suggested to the director that the decision of 21 December 2001 be revoked on the ground that the enforcement proceedings had been closed, given that the creditor had not requested new execution measures over a period of more than two years.
17.  The decision in question was revoked on 17 May 2008.
18.  On 25 October 1999 the Karlovo District Court, acting on a claim by a company B., issued an enforcement order against the applicant on the basis of another promissory note. This debt amounted to BGN 17,531 (about EUR 8,765).
19.  By a request of 20 February 2002, company B. called for the imposition of a measure prohibiting the applicant from leaving the territory. Its representative argued that the applicant had disposed of some of his property that was under attachment, namely vehicles. He noted that company B. had succeeded in attaching real estate belonging to the applicant, but that its value was considerably lower than the sum owed.
20.  On 5 March 2002 the bailiffs’ service, on instructions from company B., requested the imposition of an order prohibiting [the applicant] from leaving the territory under section 76 (3) of the Bulgarian Identity Documents Act 1998. On that date the amount of default interest due was BGN 7,421 (about EUR 3,786).
21.  By a letter of 25 April 2002, the applicant was informed of the director’s intention to apply the requested measure. He was invited to submit evidence that he had provided security to his creditor.
22.  By a decision of 27 May 2002, the director, again referring to section 76 (3) of the Bulgarian Identity Documents Act 1998 and to the proposal by the bailiffs’ service, ordered that the applicant’s passport be withdrawn and instructed the relevant bodies not to issue him with a new passport for an indefinite period.
23.  The applicant brought an application for judicial review. He claimed that the order prohibiting him from leaving the territory had no legal basis, that he had intended to effect a set-off using a debt owed by company B., that he had provided security and that he had reimbursed part of his debt.
24.  By a judgment of 29 December 2002, the Supreme Administrative Court dismissed the applicant’s application. The court held that the judicial recognition of a debt within the meaning of section 76 (3) of the Bulgarian Identity Documents Act 1998 could arise from a judicial decision that was not res judicata, such as the decision to issue an enforcement order. The other arguments raised by the applicant were dismissed as unsubstantiated or of minor relevance.
25.  The applicant appealed on points of law.
26.  On 23 April 2003 a five-judge bench of the Supreme Administrative Court upheld the contested decision.
27.  It was common ground between the parties that the applicant had been free to leave the national territory since 17 May 2008.
28.  The applicant’s daughters, T.G. and M.G., were born in 1986 and 1997 respectively.
29.  On 19 December 2001 the Sofia District Court granted a divorce to the applicant and S.G., the mother of his children. A residence order in respect of the two girls was given in favour of S.G. The applicant was given contact rights, amounting to two weekends per month and two two-week periods during the winter and summer holidays.
30.  S.G. subsequently settled in the United Kingdom with the two children. Since September 2003, T.G. and M.G. have lived permanently in the UK, where they are being educated.
31.  On 5 March 1999 the applicant created, in St Petersburg, a branch of the limited liability company “Univeks” OOD, of which he was an associate. He indicated that in 2002 the Russian market had stabilised and had opened up to Bulgarian products. The prohibition on leaving Bulgarian territory had prevented him from developing his commercial activity in Russia, as it had obliged him to remain permanently in Bulgaria.
32.  On 12 March 2002 the applicant, representative and only associate of the limited liability company “Geomark” EOOD, signed a contract for the sale of Bulgarian cosmetics and cleaning products with a Russian company. This contract was worth 500,000 American dollars (USD) and was valid until 31 December 2004. Among the terms and conditions, a clause specified that the applicant was to have the products approved by the Russian authorities.
33.  On 29 July 2002 the purchaser and the applicant signed an amendment to the contract, concerning the shipment of products with a value of USD 10,114.28. As the applicant could not travel to Russia in order to obtain approval for the goods, he subsequently withdrew. The reasons for his withdrawal were considered as a case of force majeure by the other party to the contract, and the applicant was not required to pay penalties. As the prohibition on leaving the territory was maintained until the end of the period of validity of the contract, it was not performed. The applicant indicated that he had expected to earn twenty percent of the value of the orders placed.
II.